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HomeMy WebLinkAboutAgr 2006-07-27 (Curran) EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is by and between The Town of Tiburon (the "Town") and Margaret A. Curran ("Employee") and shall be effective as of execution by both parties. RECITALS A. The Town desires to employ Employee as its Town Manager in order to retain Employee's many years of experience, skills, abilities, background and knowledge, and is willing to engage Employee on the terms set forth below. B. Employee desires to work in the employ of the Town as its Town Manager and is willing to do so on the terms set forth below. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: 1. Emplovment. On the terms and conditions contained in this Agreement, the Town employs Employee as its Town Manager, and Employee accepts that employment. 2. Term. Employee's Initial Hire Date shall be the date that she actually commences her employment. This shall be on a date to be arranged between Employee and the Town's Mayor, but shall not be later than October 31, 2006. This Agreement shall continue until terminated pursuant to the terms of this Agreement. 3. Duties and Hours. 3.1 Duties. Employee shall perform all duties of the Town Manager described in the Town's Municipal Code and such other duties as may from time to time be established by the Town. Employee shall devote Employee's entire professional, work and income-generating time, attention and effort to the business of the Town during the term of this Agreement. However, Employee may engage in charitable endeavors not involving employment or activities related to the business of the Town so long as such outside activities do not interfere with Employee's duties under this Agreement. 3.2 Hours of Work. Employee shall devote the time necessary to adequately perform her duties as Town Manager. The parties expect that a minimum of thirty-five (35) hours per week during regular business hours, as well as additional time outside of the normal business hours, will be required to satisfy this requirement. Toward that end, Employee shall be allowed reasonable flexibility in setting her own office hours, provided the schedule of such hours 1 provides adequate availability to the Town Council, city staff, and members of the community during normal business hours and for the performance of Town business. 3.3 Reeional and Professional Activitv. The Council desires Employee to be reasonably active in national, statewide, regional and professional organizations that will contribute to Employee's professional development and standing and that will contribute to the advancement of the Town's interests and standing. Toward that end, Employee may, upon advance notice to the Council, undertake such activities as are directly related to her professional development and that advance the interests and standing of the Town. These activities may include, without limitation, participation in the California League of Cities, ICMA, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect her employment as Town Manager or the performance of her duties as provided herein. Town shall budget and pay for the dues and subscriptions of the Employee necessary for her participation in such organizations. Town shall reimburse Employee's reasonable and necessary travel, business and subsistence expenses for her activities as provided in its normal policies and procedures for reimbursement of expenses. 4. Compensation and Benefits. Employee shall receive for Employee's services to the Town the following compensation and benefits: 4.1 Base Salarv. Employee shall receive a base salary of One Hundred Sixty-five Thousand Dollars ($165,000.00) per year. 4.2 Standard Manaeement Emplovee Benefits. Except as otherwise provided in this Agreement, Employee shall receive all benefits ordinarily accorded to the Town's management personnel as presently set forth in Resolution 31-2006 and such other benefits as may be adopted by the Town during the term of this Agreement. The Town will provide Employee with a cell phone to be used in conjunction with Town business and a home computer in order to allow Employee to work at home as necessary. The computer will be Town property and will be assigned to Employee on that basis. 4.3 Vacation" Sick and Administrative Leave. The Town will grant Employee five days of vacation leave and five days of sick leave at the commencement of employment. The Town will give credit to Employee for her prior years of public agency management, accordingly, during the first year of employment, Employee will earn 15 days vacation per year. This accrual shall increase to 20 days per year at the beginning of the second year of employment and to 25 days per year at the beginning of the fifth year of employment and each year thereafter. Employee shall receive ten (10) days of administrative leave per year. Sick leave and any other leave shall be accrued on the same basis as other Tiburon management personnel. 4.4 Automobile Allowance. Employee shall receive an automobile allowance of Two Hundred Dollars ($200.00) per month to compensate Employee for the use of her personal vehicle on official Town business. 2 4.5 Housine Allowance. (a) Morteaee. The Town shall provide a second mortgage secured by a deed of trust in no less than a second position on Employee's primary residence in an amount up to $800,000.00, payable monthly on an interest only basis. The rate will be the same as the LAIF rate and will be adjusted accordingly each year on the anniversary date of the loan. Notwithstanding the foregoing, in no event shall the interest rate exceed 5.5 % annually. Employee will be required to maintain equity of 20% or greater in the property securing the first and. second mortgages throughout the life of the loan. Monthly payments will be made through an automatic payroll deduction. The loan shall be fully due and payable when (1) the property for which the loan is made is no longer Employee's primary residence, or (2) within six months of Employee's termination as Town Manager whether the action voluntary or otherwise. (b) Monthly Payments. The Town Council believes that the Employee's performance as Town Manager will be enhanced if she resides in Tiburon. Accordingly, the Town will pay Employee Seven Hundred and Fifty Dollars ($750) per month on the condition that she maintain her primary residence in Tiburon. (c) Relocation Assistance. The Town will reimburse Employee for expenses incurred in relocating to the Tiburon area, up to a maximum of Fifteen Thousand Dollars ($15,000). Eligible expenses shall include temporary housing, storage and movement of personal effects, house- hunting trips and related travel for employee and employee's spouse and any other expenses approved by the Finance Subcommittee of the Town Council as necessary and appropriate. Employee shall submit receipts for all expenses for which reimbursement is claims under this section. All expenses to be reimbursed under this section must be incurred and claimed within a reasonable date of the execution of this agreement. 4.6 Retirement. (a) Employee will continue to be a member of the Public Employees Retirement System of California and will be subject to the terms and benefits of that plan. The Town shall fully fund Employee's participation in the Public Employees Retirement System (PERS). (b) Giving credit to Employee for her prior years of public agency management, the Town will contribute toward the Employee's medical insurance plan upon retirement based upon the following conditions: (i) Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. (ii) Employee's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. The coverage will not be extended to Employee's spouse or other dependents. 3 4.7 Cafeteria Medical Plan. The Town shall contribute $1,025 per month towards Employee's fringe benefit coverage. If Employee exceeds said maximum, Employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If Employee does not use the full sum specified, Employee shall have the option to have that amount deposited into her existing ICMA Deferred Compensation Plan, one of the Town's Deferred Compensation Plans or for the purchase of Additional Retirement Service Credit through CaIPERS, so long as the option continues to be provided by CaIPERS. 5. Performance Reviews. Employee's first Employee performance review shall be completed on or about April 30, 2007 in the manner generally accorded to the Town's management personnel. Performance reviews will be conducted annually on or before the anniversary of her initial hire each year and salary adjustments will be considered in conjunction with the performance evaluation. If the Employee's performance is satisfactory the Council may, in its sole discretion, elect to make a one-time cash payment to Employee as an appropriate incentive to retain Employee. 6. At-Will Employment. Employee's employment is employment at-will. Employment at- will may be terminated with or without cause and with or without notice at any time by the Town or Employee. Nothing in this Agreement shall limit the right of the Town or Employee to terminate employment at-will. 7. Termination of Employment. 7.1 Termination by Town. (a) Termination for Cause. Without limiting the at-will status of Employee's employment, the Town may at any time terminate Employee's employment for cause. The Town will not pay Employee any severance if the termination is for cause. For purposes of this Agreement, cause for termination shall include the following and similar misconduct: theft or attempted theft; material dishonesty; willful or persistent failure to carry out Employee's duties; gross negligence or misconduct; engaging in unlawful discrimination or harassment of employees or any third party while on Town premises or time; conviction of a felony; engaging in conduct tending to bring embarrassment or disrepute to the City and unauthorized absences. If the Town terminates Employee's employment for cause, the Town's obligations under this Agreement to provide compensation and benefits to Employee shall terminate on the Employee's last day of employment. Employee shall continue to be bound by the provisions of Section 8 of this Agreement. (b) Termination Without Cause. If the Town terminates Employee's employment for any reason other than for cause, the Town shall provide Employee with six months severance pay. 7.2 Termination bv Employee. Without limiting the at-will status of Employee's employment, Employee may resign from employment upon sixty (60) days prior written notice to the Town. If Employee so resigns, the Town's obligations under this Agreement to provide compensation and benefits to Employee shall terminate on Employee's last day of employment. 4' Employee shall continue to be bound by the provisions of Section 8 of this Agreement. Should Employee retire, Employee shall provide the Town sixty (60) days written notice. 8. Confidentialitv. During the course of employment or at any other time, Employee agrees not to disclose, communicate, use to the detriment of the Town or for the benefit of any other person (including Employee) or misuse in any way any confidential information or data concerning the Town. Employee acknowledges and agrees that all such confidential information received by Employee will be received in confidence and as a fiduciary of the Town. 9. Miscellaneous. 9.1 Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery if delivered personally or by overnight courier, or three (3) days after mailing if mailed by first class, registered or certified mail, postage prepaid, and return receipt requested. 9.2 Governine Law. The State of California shall be governed this Agreement. 9.3 Severabilitv. If any term of this Agreement is found by a court to be unenforceable, the remaining terms of this Agreement shall be deemed valid and enforceable to the full extent possible. 9.4 Entire Aereement. This Agreement constitutes the entire agreement of the parties with respect to Employee's employment and supersedes any and all prior oral or written negotiations, correspondence, understandings and agreements between the parties. 9.5 Modifications. All modifications to this Agreement shall be in writing and signed by both parties. 9.6 Claims Aeainst Employee._ In the event of any claim or action against Employee arising from her actions within the course and scope of her employment with the Town, the Town shall indemnify, defend and hold Employee harmless from said claim to the full extent provided by Title 1, Div.3.6 of the California Government Code or any successor legislation. 9.7 Representation. Employee acknowledges that although this Agreement has resulted from negotiations between the parties, the Town has retained its legal counsel to prepare the Agreement. The parties agree that the normal rule of construction against the drafting party shall not apply. Employee further acknowledges that the Town has advised her to seek the advice of her own attorney and accountant in connection with the signing of this Agreement. Employee further acknowledges that if she has not consulted with his own attorney and/or accountant, she has not done so at her own choosing. 5 IN WITNESS WHEREOF, this Agreement shall be effective as of the day and year written above. Dated: :~- Name: 'f{lL-L7 \ ~. S"'" ,~\ Title: VV\^--1 ~< APPROVED AS TO FORM Ann R. Danforth Town Attorney Dated: Margaret A. Curran, Employee H:\Manager\Agreements\Manager's Empl Ag, Curran, 7-23-06.doc 6 Jul 27 06 05:2110 Telluride Film Festival 970 728 4230 JUL 27 2006 11:5BAM TOWN OF TIBURON 4154352439 IN WITNESS WHEREOF, this Agreement shall be effective as of the day and year written above. Dated: APPROVED AS TO FORM ~~//- Ann R. Danforth To\\n Attorney Dated: 7 - ~7. 06 1i:\Manl~I&\.\1anIlgc:(S Empl Ag. Currin, 7.23.36.doc THE TOWN OF TmURON: By: Name: Title: ~ ~\.. e::tr/hc./\.--'-.a Margaret ~ Curran, Employee 6 p. 1 p.G